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Solidarity_Arisins_from_the_Division_of_Labor

Solidarity_Arisins_from_the_Division_of_Labor - Warning...

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Warning Concerning Copyright Restrictions The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material. Under certain conditions specified in the law, libraries and archives are authorized to furnish a photocopy or other reproduction. One of these specified conditions is that the photocopy or reproduction is not to be "used for any purpose other than private study, scholarship, or research." If a user makes a request for, or later uses, a photocopy or reproduction for purposes in excess of "fair use," that user may be liable for copyright infringement. This institution reserves the right to refuse to accept a copying order if, in its judgment, fulfillment of the order would involve violation of copyright law. Printing note: If you do not want to print this page, select pages 2 to the end on the print dialog screen. Mann Library fax: 607 255-0318 www.mannlib.cornell.edu
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Durkheim, Emile. 1984. The Division of Labor in Society. Pp. 68-87. NY: The Free Press. Chapter III Solidarity Arising from the Division of Labour, or Organic Solidarity The very nature of the restitutory sanction is sufficient to show that : > the social solidarity to which that law corresponds is of a completely different kind. The distinguishing mark of this sanction is that it is not expiatory, /but comes down to a mere restoration of the 'status quo ante',. I Suffering in proportion to the offence is not inflicted upon the one who has broken the law or failjgd to acknowledge it; he is merely condemned to submit to it. If certain acts have already been performed, the judge restores them to what they should be. He pronounces what the law is, but does not talk of punishment. [Damages awarded have no penal character: they are simply a means j of putting back the clock so as to restore the past, so far as possible, I to its normal state. It is true that Tarde believed that he had discovered a kind of civil penal law in the awarding of costs, which are always borne by the losing party. 1 Yet taken in this sense the term has no more than a metaphorical value. For there to be punishment there should at least be some proportionality between the punishment and the wrong, and for this one would have to establish exactly the degree of seriousness of the wrong. In fact the loser of the case pays its costs even when his intentions were innocent and he is guilty of nothing more than ignorance. The reasons for this rule therefore seem to be entirely different. Since justice is not administered free, it seems equitable that the costs should be borne by the one who has occasioned them. Moreover, although it is possible that the prospect of such costs may stop the overhasty litigant, this is not enough for them to be considered a 68 Organic Solidarity 69 punishment. The fear of ruin that is normally consequent upon idleness and neglect may cause the businessman to be energetic and diligent. Yet ruin, in the exact connotation of the term, is not the penal sanction for his shortcomings.
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